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    <title>2006 (9) TMI 362 - CESTAT, MUMBAI</title>
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    <description>Deemed credit under Notification No. 6/2002-N.T. was treated as admissible on the aggregate duty of excise and additional duty, and the demand to split the credit into basic excise duty and additional duty was not accepted at the interim stage. The credit already taken was not shown to exceed the prescribed entitlement, and the matter was considered revenue neutral because the additional duty component could have been discharged through credit or cash without demonstrated net revenue loss. On that basis, a prima facie case for interim relief was made out, and waiver of pre-deposit with stay of recovery was granted.</description>
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      <link>https://www.taxtmi.com/caselaws?id=119961</link>
      <description>Deemed credit under Notification No. 6/2002-N.T. was treated as admissible on the aggregate duty of excise and additional duty, and the demand to split the credit into basic excise duty and additional duty was not accepted at the interim stage. The credit already taken was not shown to exceed the prescribed entitlement, and the matter was considered revenue neutral because the additional duty component could have been discharged through credit or cash without demonstrated net revenue loss. On that basis, a prima facie case for interim relief was made out, and waiver of pre-deposit with stay of recovery was granted.</description>
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